Islamic Law and traditional cultural norms Flashcards
What is Pakistan’s views on cousin marriage? Is it supported by the Qur’an?
In Pakistan cousins can traditionally marry. However Sura 4 states that blood relationships are forbidden.
What is Malaysia approaches relating to gender on Marriage? Is it supported by the Qur’an?
Women should be protected in marriage and today the Malaysian sisters believe that men should protect women. “they are a vestment for you and you are a vestment for them”
What does the Qur’an say about the Dowry?
“Give the woman their dowries as a gift spontaneous.” According to the Qur’an a dowry must be given to the wife by the husband’s family.
Which countries follow Qur’anic tradition on dowries? Which don’t?
Dowry is part of all Muslim marriage contracts in Iran, Iraq, Saudi Arabia. However, traditionally in countries such as India a dowry is give by the bride’s family to that of the husband.
What does the tradition say about polygamy?
Men can marry up to four women at a time in order to protect widows and orphans. Prophet had 12 wives.
Which countries allow polygamy and which don’t?
Polygamy is banned in Turkey, Tunisia, India but allowed in Indonesia, Saudi Arabia and Iran
What does the Qur’an say about forced marriages? Which countries do and don’t follow this?
There is “no compulsion in marriage”. India marriages are not forced, to in Saudi Arabia, but in Pakistan girls forced to marry men.
What is triple Talaq, which countries still use it?
The husband pronounces three times at once that he wants a divorce whilst the woman is not menstruating. Not revocable. Still possible in Pakistan and until recently India.
What does the Qur’an say about divorce? Which countries follow this?
Preferable not to end a marriage but can be done. Men are told to “retain their honour or set them free honourably”. Allowed in Syria, Cyprus Muslims, Egypt etc.
What does the Qur’an say about Khul?
The Qur’an allows Khul (when a women requests a divorce) if the wife is prepared to return the mahr or something else given to her by her husband and the children go to the custody of the husband.
Which countries follow Qur’anic teachings on Khul?
Egypt - 2000 - passed a law which made divorce easier for a woman and in Turkey woman have been given equal rights in divorce since the 1950’s as it was a secular country.
Which countries allow a plain headscarf? Which don’t?
India and Pakistan, however, this is cultural in that this was a practise adopted for thousands of years from Hindu and Sikh women. In indoensia it has always been tradition to wear a hijab.
What do the Hanbali Law school say about covering?
Every part down to the toenails must be covered during prayer.
What do jurists say about woman leading prayer?
Woman cannot lead the congregational prayer as they would have to stand in front of men so that men are not tempted by woman sexually during prayer
What do jurists say about men and women in prayer? Which countries support this?
Women and men could pray in the same space but women should stand behind the men. Seen in Saudi, Morrocco. In Cyprus, women pray separately.
